This refers to the NRC inspection conducted on August 5 and 7, 1997,
at the above address in Manchester, New Hampshire; the field office at
1 Hartford Square, New Britain, Connecticut; and temporary jobsites in
Hamden and Naugatuck, Connecticut, the findings of which were discussed
with you during an exit meeting on August 7, 1997. The inspection reviewed
the circumstances associated with an event which you reported to the NRC
Region I staff on October 14, 1994 involving the loss of a portable nuclear
moisture/density gauge at a temporary jobsite in Bristol, Connecticut
on October 13, 1994. During the inspection, violations of NRC requirements
were identified, as described in the enclosed Notice of Violation (Notice).
On October 25, 1994, you provided the NRC a written report,
pursuant to 10 CFR 20.2201, which included your corrective and preventive
actions.

Based on the information developed during the inspection and the information
you provided in your October 25, 1994 report, the NRC has determined that
violations of NRC requirements occurred. The violations are cited in the
enclosed Notice. The most significant violation (Violation A in the enclosed
Notice), involves the failure to control and maintain constant surveillance
of licensed material not in storage in an unrestricted area at the temporary
jobsite. This failure contributed to the gauge, which contained 9 millicuries
of cesium-137 and 50 millicuries of americium-241, apparently being stolen
from the temporary jobsite. Specifically, the technician who was using
the gauge for compaction measurements at the jobsite, left the gauge unattended
for approximately 30 minutes to examine work to be conducted in a ditch.

The NRC recognizes that you took prompt corrective actions which were
examined at the time of the inspection. Nonetheless, this violation represents
a significant regulatory concern because the failure to maintain appropriate
security of material resulted in the loss of the gauge. The violation
is classified in accordance with the "General Statement of Policy and
Procedure for NRC Enforcement Actions" (Enforcement Policy), NUREG-1600,
at Severity Level III.

In accordance with the Enforcement Policy in effect at the time this
violation occurred, a base civil penalty in the amount of $2,500 is considered
for a Severity Level III violation. Because your facility has not been
the subject of an escalated enforcement action within the last two years,
the NRC considered whether credit was warranted for
Corrective Action
in accordance with the civil penalty assessment process in Section VI.B.2
of the Enforcement Policy. Credit for corrective actions is warranted
because your corrective actions were both prompt and comprehensive. These
actions, which were described in your letter to the NRC, included: (1)
conduct of in-house training sessions with all gauge operators within
the week following the event; (2) review of the Radiation Safety Program
by management; (3) circulation of a memorandum to all users of gauges
concerning the loss of the gauge and importance of maintaining security
of material; and (4) placing newspaper, radio, and television announcements
at the time along with a reward offer in an effort to retrieve the gauge.

Therefore, to encourage prompt and comprehensive correction of violations,
I have been authorized to not propose a civil penalty in this case. However,
similar violations in the future could result in further escalated enforcement
action.

In addition to Violation A, three other violations of NRC requirements
were also identified. These violations (Violations B.1, B.2 and C in the
Notice) involve (1) failure of a driver and carrier to clearly distinguish
the shipping paper when it is carried with other papers by either tabbing
it or by having it appear first; (2) failure to block and brace packages
containing hazardous materials so that they cannot change position during
conditions normally incident to transportation; and (3) failure to complete
the source utilization log each time a portable gauge was removed from
and returned to the storage location. These violations are each classified
individually at Severity Level IV.

You are required to respond to this letter and should follow the instructions
specified in the enclosed Notice when preparing your response. The NRC
will use your response, in part, to determine whether further enforcement
action is necessary to ensure compliance with regulatory requirements.
However, the NRC has concluded that information regarding the reasons
for Violation A, the corrective actions taken and planned to correct the
violation and prevent recurrence, and the date when full compliance was
achieved is already adequately addressed on the docket in your October 25, 1994
letter to the NRC. Therefore, you are not required to respond to Violation
A unless the description therein does not accurately reflect your corrective
actions or your position. In that case, or if you choose to provide additional
information, you should follow the instructions specified in the enclosed
Notice.

Related to the violations, your response should also address how you
keep track of the location of each of your gauges, and under which license
they are possessed since you also possess Agreement State licenses from
New Hampshire and Massachusetts in addition to your NRC license. Therefore,
in your response to the enclosed Notice, please describe what procedures
you have in place to better track under which license each of your portable
gauges is possessed at any given time.

In accordance with 10 CFR 2.790 of the NRC's "Rules of Practice," a copy
of this letter and its enclosure, will be placed in the NRC Public Document
Room (PDR).

Sincerely,
ORIGINAL SIGNED BY
WILLIAM L. AXELSON for
Hubert J. Miller
Regional Administrator

Docket No. 030-34372
License No. 28-30018-02

Enclosure: Notice of Violation

cc w/encl:
State of New Hampshire
State of Connecticut
Commonwealth of Massachusetts

During an NRC inspection conducted on August 5 and 7, 1997,
violations of NRC requirements were identified. In accordance with the
"General Statement of Policy and Procedure for NRC Enforcement Actions,"
(Enforcement Policy), NUREG 1600, the violations are listed below:

A. 10 CFR 20.1801 requires that the licensee secure from unauthorized
removal or access licensed materials that are stored in controlled or
unrestricted areas. 10 CFR 20.1802 requires that the licensee control
and maintain constant surveillance of licensed material that is in a controlled
or unrestricted area and that is not in storage. As defined in 10 CFR
20.1003, controlled area means an area, outside of a restricted
area but inside the site boundary, access to which can be limited by the
licensee for any reason; and unrestricted area means an area,
access to which is neither limited nor controlled by the licensee.

Contrary to the above, on October 13, 1994, the licensee did not secure
from unauthorized removal or limit access to a portable moisture/density
gauge (containing approximately 9 millicuries of cesium-137 and 50 millicuries
of americium-241) located in Bristol, Connecticut at a temporary jobsite,
which was an unrestricted area, nor did the licensee control and maintain
constant surveillance of this licensed material. (01013)

This is a Severity Level III violation (Supplement IV).

B. 10 CFR 71.5 requires, in part, that each licensee who transports
licensed material outside the site of usage, as specified in the NRC license,
or where transport is on public highways, comply with the applicable requirements
of the Department of Transportation regulations in 49 CFR Parts 170 through
189 appropriate to the mode of transport.

Pursuant to 49 CFR 172.101, radioactive material is classified as
a hazardous material.

1. 49 CFR 177.817(e) requires, in part, that the driver and
the carrier clearly distinguish the shipping paper, if it is carried
with other shipping papers or other papers of any kind, by either distinctively
tabbing it or by having it appear first.

Contrary to the above, on August 7, 1997, during the transport
of a portable moisture/density gauge to a temporary jobsite in Hamden,
Connecticut, the driver and the carrier did not clearly distinguish
the shipping paper when it was carried with other papers by either
distinctively tabbing it or having it appear first. (02014)

This is a Severity Level IV violation (Supplement V).

2. 49 CFR 177.842(d) requires that packages must be so blocked
and braced that they cannot change position during conditions normally
incident to transportation.

Contrary to the above, on August 7, 1997, a package containing
a portable moisture/density gauge (with approximately 8 millicuries
of cesium-137 and 44 millicuries of americium-241 radioactive materials),
was transported in the trunk of a vehicle to a temporary jobsite in
Naugatuck, Connecticut, and the package was not blocked so that it
could not change position during conditions normally incident to transportation.
(03014)

This is a Severity Level IV violation (Supplement V).

C. Condition 19 of License No. 28-30018-02 requires, in part, that
the licensee conduct its program in accordance with the statements,
representations and procedures contained in its application dated March
8, 1996.

Item 10.2.B.1. of the application requires that a utilization log
be used to control the gauge's whereabouts by signing the gauge out
and back in when returning the gauge from the field.

Contrary to the above, on several occasions in 1997, the utilization
log was not used to control the gauge's whereabouts by signing the gauge
back in when returning the gauge from the field. For example, the utilization
log was not completed when a gauge was returned from the field on July 13,
15, and 23, 1997, and the period of July 30, 1997 to
August 6, 1997. On these dates, a gauge was taken to a field
site, and brought back to the storage location each day. (04014)

This is a Severity Level IV violation (Supplement VI).

Pursuant to the provisions of 10 CFR 2.201, Jaworski Geotech,
Inc. is hereby required, except for Item A., to submit a written statement
or explanation to the U.S. Nuclear Regulatory Commission, ATTN: Document
Control Desk, Washington, D.C. 20555, with a copy to the Regional Administrator,
Region I, within 30 days of the date of the letter transmitting this Notice
of Violation (Notice). This reply should be clearly marked as a "Reply
to a Notice of Violation" and should include for each violation: (1) the
reason for the violation, or, if contested, the basis for disputing the
violation, (2) the corrective steps that have been taken and the results
achieved, (3) the corrective steps that will be taken to avoid further
violations, and (4) the date when full compliance will be achieved. Your
response may reference or include previous docketed correspondence, if
the correspondence adequately addresses the required response. If an adequate
reply is not received within the time specified in this Notice, an order
or a Demand for Information may be issued as to why the license should
not be modified, suspended, or revoked, or why such other action as may
be proper should not be taken. Where good cause is shown, consideration
will be given to extending the response time.

Because your response will be placed in the NRC Public Document Room
(PDR), to the extent possible, it should not include any personal privacy,
proprietary, or safeguards information so that it can be placed in the
PDR without redaction. However, if you find it necessary to include such
information, you should clearly indicate the specific information that
you desire not to be placed in the PDR, and provide the legal basis to
support your request for withholding the information from the public.

Dated at King of Prussia, Pennsylvania
this 25th day of September 1997